Sahvelo

Transferring a vehicle in Mississippi after someone dies

Every other state that turns on the word between two names reads two possibilities. Mississippi reads three — OR, AND, and AND/OR — and gives each one a different document list. Which characters are printed on the certificate decides whether a surviving spouse needs a signature, a death certificate, or a will endorsed by the court.

State Mississippi

The procedure is set by the state that issued the title, not by where the owner lived.

Sahvelo publishes 50 states for this topic. If the title came from another state, that state's motor vehicle agency is the authoritative source until we publish it. See what's published.

Paths
5 in this state

The paths this state offers

Every route Sahvelo has verified for transferring a vehicle after a death in this state, side by side. The guided questions identify which one applies to you.

Path When it applies Court involvement Tax owed Speed Authority
Title reads OR Two names joined by OR None All fees and taxes are payable at the county Tax Collector's office Fastest — a signature Mississippi DOR — motor vehicle FAQ
Title reads AND/OR Two names joined by AND/OR None All fees and taxes are payable at the county Tax Collector's office Fast — a signature and a death certificate Mississippi DOR — motor vehicle FAQ
Title reads AND Two names joined by AND Chancery court — the will has to be probated and the copy endorsed All fees and taxes are payable at the county Tax Collector's office Slowest of the three conjunctions Mississippi DOR — motor vehicle FAQ
Affidavit of Heirship Sole owner, no probated will, nobody appointed, no widow's allotment None — the affidavit is notarized and filed with the title application All fees and taxes are payable at the county Tax Collector's office Fast, once every relative is listed Mississippi DOR — form 78-014
Letters of administration or testamentary A will was probated, or a personal representative has been appointed Chancery court — and the letters must name the person to receive the vehicle Executors and administrators must pay all fees and taxes Depends on the appointment Mississippi DOR — motor vehicle FAQ

Three conjunctions, three answers

Several states in this corpus turn on the word between two names on a title. Mississippi is the only one so far that reads three different words, and its own frequently asked questions set them out side by side with a different requirement each.1

AND/OR is a third printed form rather than a way of writing either of the other two, and it sits between them in what it costs: heavier than OR, which needs nothing but a signature, and much lighter than AND, which cannot be completed until a will has been through the chancery court.1

Which means the certificate is worth reading character by character before anybody makes plans. The three answers are days apart in effort, and nothing but the document tells you which one applies.1

Four conditions in one sentence

Where the car was in the deceased's name alone and no will was probated, Mississippi's route is the Affidavit of Heirship, form 78-014. Its opening sentence is not a title but a set of conditions: it is attached to and made a part of the application for assignment of title where the owner dies without a will being probated and no personal representative appointed or widow's allotment made.2

Three of those four are familiar. The fourth is not: a widow's allotment closes the route, and it appears nowhere in the Department's own frequently asked questions — only on the face of the form. Sahvelo states nothing about what it is or what replaces the affidavit where one was made.2

The affidavit lists every relative rather than just the claimant: a table of all of the kin of the deceased, each with printed name, address, relation and age. It also asks whether the deceased was survived by a spouse or was unmarried, and the number of children.2

One case the form handles that most affidavits ignore: where minor or mentally incompetent children are among the next of kin, the surviving parent may act for such children.2

The odometer certification lives on this form rather than on the title, and it carries its own warning: federal and state law require the mileage to be stated in connection with the transfer of ownership, and failing to complete it or providing a false statement may result in fines or imprisonment.2

Letters have to name the recipient

Where a will was probated, or where somebody has been appointed, Mississippi's alternative to the affidavit is a letter of administration or testamentary — and the Department attaches a condition to it that is easy to read past. The letter must name the person to receive the vehicle.1

Not merely appoint somebody. Letters that grant authority without naming who is to get the car may not be what the counter is looking for, and that is worth checking before traveling to it.1

Otherwise a fiduciary is on the ordinary track: executors and administrators may apply for a title using the same process, and must pay all fees and taxes.1

The county Tax Collector is the counter

Every Mississippi route on this page ends at the same place: the local county Tax Collector's office, with a Title Application, form 78-002, and the existing title of the vehicle. The certificate itself is issued by the Department of Revenue in Jackson.1

The plate does not travel with the car. The previous owner must remove the license plate once the title is assigned and the vehicle is handed over to the new owner.3

And there is a practice families fall into that the Department warns against in its own voice. Never accept or deliver a title that is incomplete or improperly assigned — and do not leave the buyer's name blank to complete later, which is a violation of Mississippi law.3

Where the parties are related, the Department names an extra document: if the buyer and seller are related — spouse, child, parent, grandchild, grandparent, brother or sister — an Affidavit of Relationship should be completed.3

The registration clock is measured in business days: a vehicle must be registered within 30 business days of the purchase date, and where it was bought outside the home county there are 48 hours to transport it to a residence or place of business first.•

Nine dollars, or thirty-nine for speed

Mississippi publishes its title prices plainly and they are among the lowest in this corpus: a motor vehicle title is $9, and so is a manufactured home title, an electronic lien title and an electronic title. A Fast Track title is $39.00.3

What the extra thirty dollars buys is time. A standard title is typically issued within six weeks once a completed application including all required documentation reaches the Department; a Fast Track title is issued within 72 hours of receipt. An electronic title takes three to four weeks, and an electronic lien title is issued the next business day.3

Letting a registration lapse costs a rising percentage rather than a flat fee. The penalty starts on the 16th day of the month following expiration, runs at 5% for the next 15 days and a further 5% for every 30 days overdue, to a maximum of 25 percent — and after reaching that maximum the Legislative Tag Credit is lost as well.•

Correcting a title is free where the mistake was the county's or the state's, and $10 where it was in the paperwork submitted. Nobody will chase you either way: the renewal notice is only a courtesy sent by the county Tax Collector's office.•

Mississippi's Code is on a commercial platform

The Department says where its own law lives, and it is not on a state website: the tax laws it administers may be found at Mississippi Code at Lexis Publishing, with motor vehicle titles at Title 63, Chapter 21.3

So the Mississippi Code was not read for this page. Every rule here comes from something the State of Mississippi itself publishes — the Department of Revenue's own frequently asked questions, its titles page, and its form 78-014. Those are authority for what the Department requires and not for the statute behind them.

Two silences follow, and both are stated where a family would ask. What a widow's allotment is, and what to do where one was made, is not established. And what Mississippi requires to discharge a lien specifically on a death transfer is not established either — the Department's pages read here name an electronic lien title as a product and say nothing about a death.2

What to do, step by step

The order of operations for each path. Only one of these applies to you — the guided questions will say which.

Title reads OR

Only the surviving spouse's signature is needed.

  1. First

    Read the exact characters between the names

    Mississippi's three forms are OR, AND/OR and AND, and each has a different document list.

  2. First

    The surviving spouse signs

    On a title listed as John OR Jane Doe, only the surviving spouse's signature is needed.

  3. First

    Take it to the county Tax Collector's office

    With a Title Application, form 78-002, and the existing title of the vehicle.

  4. First

    Remove the license plate

    The previous owner must remove the plate once the title is assigned and the vehicle is handed over.

  5. First

    Expect about six weeks

    A standard title is typically issued within six weeks of a completed application reaching the Department; Fast Track is 72 hours.

Title reads AND/OR

The signature and a death certificate.

  1. First

    Confirm the title says AND/OR

    Mississippi treats it as a third form rather than as a way of writing OR or AND.

  2. First

    Get a death certificate

    On a title listed as John AND/OR Jane Doe, the surviving spouse signature and death certificate is needed.

  3. First

    Take it to the county Tax Collector's office

    With a Title Application, form 78-002, and the existing title of the vehicle.

  4. First

    Remove the license plate

    The previous owner removes the plate once the title is assigned and the vehicle is handed over.

Title reads AND

The signature and a court-endorsed copy of a probated will.

  1. First

    Confirm the title says AND

    This is the heaviest of the three, and it cannot be completed until a will has been probated.

  2. First

    Probate the will

    The Department asks for a court-endorsed copy of the will — a probated will — alongside the surviving spouse's signature.

  3. First

    Take it to the county Tax Collector's office

    With a Title Application, form 78-002, and the existing title of the vehicle.

  4. First

    Ask what applies if no will was probated

    The Department's published alternatives — letters naming the person to receive the vehicle, or the Affidavit of Heirship — are stated for the deceased's own vehicle rather than for this branch.

Affidavit of Heirship

No probated will, nobody appointed, no widow's allotment.

  1. First

    Check all four conditions in the first line

    The owner died without a will being probated, no personal representative appointed, and no widow's allotment made.

  2. First

    List every relative

    The affidavit sets out all of the kin of the deceased by printed name, address, relation and age — not only the person taking the car.

  3. First

    Complete the odometer statement on the form

    It is on form 78-014 itself, with a warning that failing to complete it or providing a false statement may result in fines or imprisonment.

  4. First

    Swear it before a notary

    The affidavit is subscribed and sworn, with space for several signatures of next of kin.

  5. First

    File it with the title application

    It is attached to and made a part of the application for assignment of title, submitted to the local county Tax Collector's office.

Letters of administration or testamentary

Letters that name the person to receive the vehicle.

  1. First

    Check what the letters say

    Mississippi asks for a letter of administration or testamentary naming the person to receive the vehicle — not merely appointing somebody.

  2. First

    Take them to the county Tax Collector's office

    With a Title Application, form 78-002, and the existing title of the vehicle.

  3. First

    Pay the fees and taxes

    Executors and administrators may apply for a title using the same process and must pay all fees and taxes.

  4. First

    Remove the license plate

    The previous owner removes the plate once the title is assigned and the vehicle is handed over.

Documents and forms

Each name below links to the official form or the agency page that issues it.

Needed on every path

Needed on some paths

Where and how to file

  • In person

    The local county Tax Collector's office

    The Department's own answer starts with where to go: visit your local county Tax Collector's office.Submit all completed forms and documents there — the Title Application (form 78-002), the existing title, and whichever proof the branch calls for.Executors and administrators use the same process and must pay all fees and taxes.

    Find an office

    Applies to every path

  • By mail

    Motor Vehicle Services, P.O. Box 1383, Jackson, MS 39215

    The Affidavit of Heirship carries the Department's Motor Vehicle Services address in Jackson on its own face, with telephone and fax numbers.The affidavit is attached to and made a part of the application for assignment of title rather than filed on its own.

    See the mailing instructions

    Applies to No probated will and nobody appointed — the Affidavit of Heirship

  • By mail

    Mississippi Department of Revenue, Motor Vehicle Services, P.O. Box 1383, Jackson, MS 39215-1383

    Where the certificate is missing, complete an Application for Replacement Certificate of Title, form 78-006, and mail it with the $9 fee to Motor Vehicle Services in Jackson.

    See the mailing instructions

    Applies to every path

What it costs

Fees change, and the agency's own schedule is the only current source. Where Sahvelo cannot verify a fixed amount, it links the schedule rather than quoting a number.

FeeAmountNotesFee schedule
Motor vehicle title Published by the agency The same price for a manufactured home title, an electronic lien title and an electronic title. A replacement or duplicate title is the same again. Current fee schedule
Fast Track title Published by the agency $39.00, and what it buys is time: issued within 72 hours of receipt rather than the six weeks a standard title typically takes. Current fee schedule
Correcting a title Published by the agency Nothing where the error was made by the county or state. $10 where the error was in the paperwork submitted. Current fee schedule
Late registration penalty Published by the agency A rising percentage rather than a flat fee: it starts on the 16th day of the month following expiration, runs at 5% for the next 15 days and a further 5% every 30 days, to a maximum of 25 percent — after which the Legislative Tag Credit is lost too. Current fee schedule
Fees and taxes on a fiduciary application Published by the agency Executors and administrators may apply for a title using the same process and must pay all fees and taxes. What those amount to is not stated on the pages read here. Current fee schedule

After you file

  • A standard title is typically issued within six weeks once a completed application including all required documentation reaches the Department — and the Department says that a missing document, a need for additional materials, or a need for help from the designated agent may delay it.The faster products exist and are priced: Fast Track within 72 hours for $39.00, an electronic title in three to four weeks, and an electronic lien title the next business day.

    Applies to every path

  • The plate stays with the previous owner: it must be removed once the title is assigned and the vehicle is handed over.

    Applies to every path

  • Nothing will reliably remind you to renew. The renewal notice is only a courtesy sent by the county Tax Collector's office, and the penalty for letting the registration expire rises by 5% steps to a maximum of 25 percent — after which the Legislative Tag Credit is lost as well.

    Applies to every path

  • Check the new title when it arrives. Where the error was made by the county or state there is no fee to correct it; where it was in the paperwork submitted, a corrected title costs $10.

    Applies to every path

If your situation doesn't fit one of these paths

Common complications, and what each one changes.

  • The title says AND/OR and you are not sure which rule applies

    It has its own rule. Mississippi publishes three answers rather than two: with OR, only the surviving spouse's signature is needed; with AND/OR, the surviving spouse signature and death certificate is needed; with AND, the surviving spouse signature and a court-endorsed copy of the will, probated. AND/OR is not shorthand for either of the others, and it is the middle case in effort — proof of the death, but no court.1

  • The title says AND and there is no will to probate

    This is the gap in what Mississippi publishes. The AND branch asks for a court-endorsed copy of a probated will, and the Department's alternatives — a letter of administration or testamentary naming the person to receive the vehicle, or the Affidavit of Heirship, form 78-014 — are set out for a vehicle the deceased owned alone rather than for this branch. Ask the county Tax Collector's office which of them it will accept before assembling anything.1

  • Somebody mentions a widow's allotment

    It closes the Affidavit of Heirship. The form's own first line limits it to a vehicle whose owner dies without a will being probated and no personal representative appointed or widow's allotment made — and that third condition appears nowhere in the Department's frequently asked questions. Sahvelo states nothing about what a widow's allotment is or what replaces the affidavit where one was made: the Mississippi Code would say, and it is published through a commercial platform rather than on a state website, so it was not read. Ask the county Tax Collector's office, and a Mississippi attorney about the allotment itself.23

  • You have letters but they do not mention the car

    Read the Department's requirement again before traveling. What it asks for is a letter of administration or testamentary naming the person to receive the vehicle — a condition on the content of the letters, not merely on their existence. Where they only grant authority, ask the county Tax Collector's office what it will accept, and ask the chancery court whether the letters can name the recipient.1

  • You do not want to list the whole family on a form

    The Affidavit of Heirship requires it. It carries a table of all of the kin of the deceased, each by printed name, address, relation and age — and separately asks whether the deceased was survived by a spouse or was unmarried, and the number of children. It is sworn before a notary, with space for several signatures of next of kin. The one relief it offers is for children who cannot sign: where minor or mentally incompetent children are among the next of kin, the surviving parent may act for such children.2

  • Nobody has decided who is taking the car, so the title was left blank

    Undo that. The Department warns in its own voice: never accept or deliver a title that is incomplete or improperly assigned, and do not leave the buyer's name blank to complete later — this is a violation of Mississippi law. The seller must complete all sections on the title assignment except for the buyer's printed name and signature.3

  • The odometer statement is not on the title

    On this route it is on the affidavit. Form 78-014 carries the mileage certification itself, with a warning that federal and state law require the mileage to be stated in connection with the transfer of ownership and that failing to complete it or providing a false statement may result in fines or imprisonment. Two boxes handle the exceptions: that the reading reflects mileage in excess of the odometer's mechanical limits, or that the reading is not the actual mileage.2

  • You need the title quickly

    Mississippi sells speed as a product. A standard title is typically issued within six weeks once a completed application including all required documentation reaches the Department, at $9. A Fast Track title is $39.00 and is issued within 72 hours of receipt. An electronic title takes three to four weeks; an electronic lien title is issued the next business day. A missing document delays any of them.3

  • You expected to keep the license plate on the car

    In Mississippi the plate stays with the previous owner. The Department's rule is that the previous owner must remove the license plate once the title is assigned and the vehicle or trailer is handed over to the new owner. Registration in the new owner's name is then due within 30 business days of the purchase date.3•

  • Months have passed and the registration has expired

    The penalty compounds by month rather than sitting flat. It starts on the 16th day of the month following expiration, runs at 5% for the next 15 days and a further 5% for every 30 days the tag is overdue, to a maximum of 25 percent — and after reaching that maximum the Legislative Tag Credit is lost as well, which costs more than the penalty. Nothing will chase you: the renewal notice is only a courtesy sent by the county Tax Collector's office.•

  • You are looking for a transfer-on-death designation

    Nothing read on the Department's pages describes one for a Mississippi vehicle, and this page does not state that none exists — an absence of published guidance is not a finding. What Mississippi does publish for planning ahead is the conjunction itself: which of OR, AND/OR and AND is printed between two names decides how much a surviving co-owner has to produce. The county Tax Collector's office is where to ask about anything further.1

Questions people ask about this

  • There are two names on the title. What do we need?

    It depends which of three words is printed between them. With John OR Jane Doe, only the surviving spouse's signature is needed. With John AND/OR Jane Doe, the surviving spouse signature and a death certificate. With John AND Jane Doe, the surviving spouse signature and a court-endorsed copy of the will, probated.1

  • Where do we go?

    The local county Tax Collector's office. That is where the Department's own answer starts, and where all completed forms and documents are submitted. The certificate itself is then issued by the Department of Revenue in Jackson.1

  • There was no will and nobody was appointed. What then?

    The Affidavit of Heirship, form 78-014. It is attached to and made a part of the application for assignment of title where the owner dies without a will being probated, no personal representative appointed and no widow's allotment made. It is sworn before a notary and lists every relative by name, address, relation and age.12

  • What is a widow's allotment?

    Sahvelo has not established that, and says so rather than guessing. It appears on the face of form 78-014 as one of the conditions that closes the affidavit route, and nowhere in the Department's frequently asked questions. The Mississippi Code would say, and the Department publishes it through a commercial platform rather than on a state website, so it was not read for this page.23

  • We have letters from the court. Is that enough?

    Check what they say. Mississippi asks for a letter of administration or testamentary naming the person to receive the vehicle — a condition on the content, not merely on the existence of letters. Otherwise executors and administrators use the same process as everybody else and must pay all fees and taxes.1

  • What does it cost?

    A motor vehicle title is $9 — the same as a manufactured home title, an electronic lien title and an electronic title. A Fast Track title is $39.00. Correcting a title is free where the county or state made the error and $10 where the error was in the paperwork submitted.3•

  • How long will the title take?

    About six weeks for a standard title once a completed application including all required documentation reaches the Department, and a missing document delays it. Fast Track is 72 hours from receipt, an electronic title is three to four weeks, and an electronic lien title is issued the next business day.3

  • Do we keep the license plate?

    No. The previous owner must remove the plate once the title is assigned and the vehicle is handed over to the new owner. The new owner has 30 business days from the purchase date to register.3•

  • Can we leave the new owner's name blank until the family decides?

    No, and the Department is direct about it: never accept or deliver a title that is incomplete or improperly assigned, and do not leave the buyer's name blank to complete later — this is a violation of Mississippi law.3

  • The registration expired months ago. How bad is it?

    The penalty rises rather than sitting flat. It starts on the 16th day of the month following expiration, runs at 5% for the next 15 days and a further 5% for every 30 days overdue, to a maximum of 25 percent — after which the Legislative Tag Credit is lost as well.•

  • Where is the Mississippi law on all this?

    Not on a state website, which is why this page states only what Mississippi's own forms and pages say. The Department writes that the tax laws it administers may be found at Mississippi Code at Lexis Publishing, and names motor vehicle titles as Title 63, Chapter 21.3

What the terms mean

6 terms used on this page, defined from the statute
AND/OR
A third form of joint title Mississippi reads alongside OR and AND, with its own document list. Where the title is listed as John AND/OR Jane Doe, the Department asks for the surviving spouse's signature and a death certificate — more than OR, which needs the signature alone, and less than AND, which needs a court-endorsed copy of a probated will. Mississippi DOR — motor vehicle FAQ
Affidavit of Heirship
Mississippi form 78-014, attached to and made a part of the application for assignment of title where the owner dies without a will being probated, no personal representative appointed and no widow's allotment made. It is sworn before a notary, lists all of the kin by name, address, relation and age, carries the odometer certification, and records the desire of the next of kin that the vehicle be registered in one named person. Mississippi DOR — Form 78-014
Widow's allotment
One of the four conditions named in the first line of Mississippi's Affidavit of Heirship: the affidavit is for a vehicle whose owner died with no widow's allotment made. What it is, and what a family does where one was made, is not established here — the term appears nowhere in the Department's frequently asked questions, and the Mississippi Code is published through a commercial platform and was not read. Mississippi DOR — Form 78-014
County Tax Collector
The office where every Mississippi title transaction is submitted, including all of the death routes. The Department of Revenue in Jackson then issues the certificate. The renewal notice a vehicle owner receives is a courtesy from this office rather than an obligation on it. Mississippi DOR — motor vehicle FAQ
Fast Track title
Mississippi's expedited certificate, priced at $39.00 against $9 for a standard one, and issued within 72 hours of receipt rather than the six weeks a standard title typically takes. An electronic title takes three to four weeks and an electronic lien title is issued the next business day. Mississippi DOR — Motor Vehicle Titles
Legislative Tag Credit
A credit against the Mississippi car tag that is lost once a late registration penalty reaches its 25 percent maximum. The penalty itself starts on the 16th day of the month following expiration and rises in 5 percent steps, so the credit is the part that makes a long delay expensive rather than merely annoying. Mississippi DOR — motor vehicle FAQ

See the full glossary across every state

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Sahvelo gives information drawn from statutes, agency guidance and official forms. It is not legal advice for your particular situation. Terms & disclaimer.

Sources

Every rule on this page traces to one of the following. All are Mississippi state publications: the Department of Revenue's own guidance and its own form.

  1. Mississippi DOR — Motor Vehicle Frequently Asked Questions, deceased owner

    The deceased-owner answer with its three conjunctions, the letters that must name the recipient, the county Tax Collector as the counter, and the registration clocks and penalties.

    dor.ms.gov Checked 2026-08-18

  2. Mississippi DOR — Form 78-014, Affidavit of Heirship for Motor Vehicle

    The four conditions in its first line including the widow's allotment, the table of all the kin, the provision for minor children, and the odometer certification.

    dor.ms.gov Checked 2026-08-18

  3. Mississippi DOR — Motor Vehicle Titles

    The $9 title fee and the Fast Track price, the processing times, the plate removal rule, the Affidavit of Relationship, the warning about blank assignments, and where the Department says its law is published.

    dor.ms.gov Checked 2026-08-18

Sources last reviewed 2026-08-18. Sources are re-checked on a schedule, and this date changes when they are. Where a source is marked pending re-verification, the page says so wherever the claim appears.

Related from the Sahvelo Journal: What Happens to a Car When Someone Dies?

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